Sample/practice exam 2018, questions and answers PDF

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Scott A. Snell, George W. Bohlander - Managing Human Resources test bank...

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CHAPTER 13—EMPLOYEE RIGHTS AND DISCIPLINE TRUE/FALSE 1. Employee rights frequently involve an employer's alleged invasion of an employee's right to privacy. ANS: T

PTS: 1

REF: pp. 560-561

OBJ: 13-1 TYPE: K

2. In law, negligence is the failure to honor established contracts. ANS: F

PTS: 1

REF: p. 561

OBJ: 13-1 TYPE: U

3. Negligent hiring occurs when an employer hires an employee that is not capable of doing the job they were hired for. ANS: F

PTS: 1

REF: p. 561

OBJ: 13-1 TYPE: U

4. The U.S. Constitution guarantees employees a property right to their jobs, unless the employee signs a statement acknowledging the at-will relationship. ANS: F

PTS: 1

REF: p. 562

OBJ: 13-2 TYPE: K

5. The employment-at-will doctrine states that either the employee or the employer may terminate the employment relationship for any reason. ANS: T

PTS: 1

REF: p. 562

OBJ: 13-2 TYPE: K

6. Wrongful discharge is considered proper under the employment-at-will doctrine. ANS: F

PTS: 1

REF: p. 563

OBJ: 13-2 TYPE: A

7. The significance of wrongful discharge suits is that they challenge the employer's right under the employment-at-will doctrine to unilaterally discharge employees. ANS: T

PTS: 1

REF: p. 563

OBJ: 13-2 TYPE: U

8. An implied contract may result from statements found in employee handbooks or other employment documents. ANS: T

PTS: 1

REF: p. 565

OBJ: 13-2 TYPE: U

9. During her interview, Angela is told by her future manager that if she is a good worker she will have a permanent job with the company. Her manager has likely created an implied contract with Angela. ANS: T

PTS: 1

REF: p. 565

OBJ: 13-2 TYPE: A

10. The employment-at-will doctrine gives managers and supervisors the unrestricted right of termination. ANS: F

PTS: 1

REF: p. 562

11. Whistle-blowing is a protected right of employees.

OBJ: 13-2 TYPE: U

ANS: T

PTS: 1

REF: p. 565

OBJ: 13-2 TYPE: K

12. Telling an employee that their job is secure as long as they perform satisfactorily and are loyal to the organization does not make an implied contract binding. ANS: F

PTS: 1

REF: p. 565

OBJ: 13-2 TYPE: K

13. One way to help avoid implied contract lawsuits is to have written proof that employees have read employment-at-will disclaimers. ANS: T

PTS: 1

REF: p. 565

OBJ: 13-2 TYPE: U

14. Constructive discharge cases involve employees who voluntarily quit, but claim they were forced to resign. ANS: T

PTS: 1

REF: p. 567

OBJ: 13-2 TYPE: U

15. Under the Worker's Adjustment Retraining and Notification Act, notice of closure or layoff affecting 50 or more workers must be given to the highest elected local official. ANS: T PTS: 1 OBJ: 13-2 TYPE: K | 13-2 TYPE: U

REF: p. 568

16. The Workers' Adjustment Retraining and Notification Act (WARN) requires many employers to provide 60 days notice of plant closure and mass layoff. ANS: T

PTS: 1

REF: p. 568

OBJ: 13-2 TYPE: K

17. The right of privacy, which is recognized by law and legal commentary, includes the general principle of "personal autonomy" and largely involves an individual's right to be left alone. ANS: T

PTS: 1

REF: pp. 568-569

OBJ: 13-3 TYPE: K

18. Approximately two million workers are discharged each year. ANS: T

PTS: 1

REF: p. 563

OBJ: 13-2 TYPE: K

19. Federal employees are not covered by the federal Whistleblower Protection Act. ANS: F

PTS: 1

REF: p. 564

OBJ: 13-2 TYPE: U

20. Most legal experts suggest employers use antipiracy agreements rather than noncompete agreements. ANS: T

PTS: 1

REF: p. 566

OBJ: 13-2 TYPE: U

21. Explicit contracts are not enforceable in court if either the employee or employer violates any provisions of the agreement. ANS: F

PTS: 1

REF: p. 566

OBJ: 13-2 TYPE: U

22. It is increasingly common for employees to quit or resign from their jobs because the intolerable acts of their employers left them no choice.

ANS: T

PTS: 1

REF: p. 567

OBJ: 13-2 TYPE: U

23. In the private sector, drug testing is largely regulated by individual states. ANS: T

PTS: 1

REF: p. 569

OBJ: 13-3 TYPE: K

24. Today, most companies only drug test when reasonable suspicion or probable cause exists ANS: T

PTS: 1

REF: p. 570

OBJ: 13-3 TYPE: U

25. One advantage of impairment testing is that it focuses on off-duty behavior rather than workplace conduct. ANS: F

PTS: 1

REF: p. 570

OBJ: 13-3 TYPE: U

26. Few federal laws protect workers from being watched. ANS: T

PTS: 1

REF: p. 571

OBJ: 13-3 TYPE: K

27. More than a quarter of employers have fired workers for misusing e-mail. ANS: T

PTS: 1

REF: p. 572

OBJ: 13-3 TYPE: K

28. A third of employers have fired workers for misusing the Internet. ANS: T

PTS: 1

REF: p. 572

OBJ: 13-3 TYPE: K

29. Impairment testing is the first step in random drug testing. ANS: F

PTS: 1

REF: p. 570

OBJ: 13-3 TYPE: K

30. U.S. courts have found random searches of employee lockers, suitcases, and toolboxes to be illegal. ANS: F

PTS: 1

REF: p. 574

OBJ: 13-3 TYPE: U

31. Employees are correct in assuming that their rights to privacy extend to e-mail and voice mail messages. ANS: F

PTS: 1

REF: pp. 560-561

OBJ: 13-1 TYPE: K

32. Because personnel files are the employer's property, an employee may be barred from seeing his or her file. ANS: F

PTS: 1

REF: p. 576

OBJ: 13-3 TYPE: A

33. Employers can discipline employees for off-duty conduct; however, there must be a relationship between the employee’s behavior and its effect on the organization. ANS: T

PTS: 1

REF: p. 577

OBJ: 13-3 TYPE: A

34. Random searches of employee’s personal belongings without probable cause should be avoided. ANS: T

PTS: 1

REF: p. 574

OBJ: 13-3 TYPE: A

35. If a state law allows employees to examine their files, employers can insist that someone from HR, or a supervisor, be present to ensure that nothing is taken, added, or changed. ANS: T

PTS: 1

REF: p. 577

OBJ: 13-3 TYPE: K

36. A number of states have passed laws that prohibit employers from disciplining or firing employees for activities they pursue offsite on their own time as long as they are illegal ANS: F

PTS: 1

REF: p. 577

OBJ: 13-3 TYPE: U

37. An employee’s immediate supervisor is the logical person to apply the company’s disciplinary procedure. ANS: T

PTS: 1

REF: p. 580

OBJ: 13-4 TYPE: A

38. The failure to document earlier actions often results in management not imposing disciplinary penalty when a transgression is committed. ANS: T

PTS: 1

REF: pp. 581-583

OBJ: 13-5 TYPE: U

39. A supervisor in a romantic relationship with a subordinate becomes immediately vulnerable to a sexual harassment claim. ANS: T

PTS: 1

REF: p. 578

OBJ: 13-3 TYPE: U

40. In an organizational setting, discipline should be viewed as a way of correcting poor performance rather than a punishment. ANS: T

PTS: 1

REF: p. 579

OBJ: 13-4 TYPE: U

41. One of the goals of discipline is that it should be seen as training that molds and strengthens the desirable conduct---or corrects undesirable conduct---and develops self-control. ANS: T

PTS: 1

REF: p. 579

OBJ: 13-4 TYPE: K

42. Documentation of employee misconduct includes stating the improvement expected by the employer. ANS: T

PTS: 1

REF: p. 582

OBJ: 13-5 TYPE: A

43. The NLRB v Weingarten ruling requires that nonunion employees always be afforded the right to representation during an investigative interview. ANS: F

PTS: 1

REF: p. 583

OBJ: 13-5 TYPE: U

44. Under the Weingarten ruling, an employer must bargain with the employee's representative during an investigative interview. ANS: F

PTS: 1

REF: p. 583

OBJ: 13-5 TYPE: K

45. Progressive discipline is designed to force an employee to improve his or her performance. ANS: F

PTS: 1

REF: p. 583

OBJ: 13-6 TYPE: K

46. Progressive discipline results from using positive reinforcement instead of punishment to correct behavioral problems. ANS: F

PTS: 1

REF: p. 583

OBJ: 13-6 TYPE: K

47. Dreadlocks and beards are protected religious observance rights under Title VII of the Civil Rights Act. ANS: T

PTS: 1

REF: p. 579

OBJ: 13-3 TYPE: K

48. The correct sequence of progressive discipline is as follows: (1) written warning, (2) oral warning, (3) suspension, and (4) discharge. ANS: F

PTS: 1

REF: p. 583

OBJ: 13-4 TYPE: U

49. Bill has been found guilty of theft, a termination offense. Before he is discharged, his manager must apply all the steps of progressive discipline. ANS: F

PTS: 1

REF: p. 585

OBJ: 13-6 TYPE: A

50. The most significant cause of inadequate documentation is that managers often do not know what constitutes good documentation. ANS: T

PTS: 1

REF: p. 582

OBJ: 13-5 TYPE: U

51. Positive discipline relies on "reminders" given to employees as a way to improve performance. ANS: T

PTS: 1

REF: p. 584

OBJ: 13-6 TYPE: A

52. Positive discipline is based on a mutual problem-solving approach, but resolutions are still mandated by management. ANS: F

PTS: 1

REF: p. 584

OBJ: 13-6 TYPE: U

53. Decision-making leave is typically a paid leave. ANS: T

PTS: 1

REF: p. 584

OBJ: 13-6 TYPE: K

54. Due process is generally defined as the employee's right to be heard. ANS: T

PTS: 1

REF: p. 586

OBJ: 13-6 TYPE: K

55. Step-review systems involving nonunion employees are very similar to grievance procedures used in union contracts. ANS: T

PTS: 1

REF: p. 587

OBJ: 13-7 TYPE: K

56. Peer-review boards consist only of people whose jobs are similar to that of the person appearing before the board. ANS: F

PTS: 1

REF: p. 587

OBJ: 13-7 TYPE: U

57. Employees do not have the right to have an attorney present during an investigative interview.

ANS: T

PTS: 1

REF: p. 583

OBJ: 13-5 TYPE: U

58. With an open-door policy, decisions tend to be consistent across managers. ANS: F

PTS: 1

REF: p. 588

OBJ: 13-7 TYPE: U

59. Ombudsmen solve problems through negotiation and mediation activities between supervisors and subordinates. ANS: T

PTS: 1

REF: p. 588

OBJ: 13-7 TYPE: U

60. Mediation is a formal process resulting in compromise. ANS: F PTS: 1 OBJ: 13-7 TYPE: K | 13-7 TYPE: U

REF: p. 589

61. Ethics can be defined as a set of standards of acceptable conduct. ANS: T

PTS: 1

REF: p. 590

OBJ: 13-8 TYPE: K

62. Organizations are required by law to comply with ethical guidelines. ANS: F

PTS: 1

REF: p. 590

OBJ: 13-8 TYPE: U

63. One of the primary goals of ethics training is to avoid adverse publicity. ANS: T

PTS: 1

REF: p. 591

OBJ: 13-8 TYPE: K

MULTIPLE CHOICE 1. Which of the following groups cannot grant rights to employees? a. employers b. state legislatures c. federal courts d. unions ANS: D

PTS: 1

REF: p. 560

OBJ: 13-1 TYPE: K

2. Because employers cannot predict with certainty the future behavior of employees despite background checking, negligent hiring lawsuits are seen as: a. a no-win situation for employers b. a no-win situation for employees c. a Catch-22 situation for employers d. a necessary evil ANS: C PTS: 1 OBJ: 13-1 TYPE: K | 13-1 TYPE: U

REF: p. 561

3. The expectations of fair exchange of employment obligations between an employee and employer is referred to as: a. employment-at-will b. a no-win situation for employees c. a Catch-22 situation for employers d. psychological contract

ANS: D PTS: 1 OBJ: 13-1 TYPE: K | 13-1 TYPE: U

REF: p. 562

4. Under the employment-at-will doctrine, who can terminate the employment relationship? a. only employees b. only employers c. employees, unions, or employers d. employees or employers ANS: D

PTS: 1

REF: p. 562

OBJ: 13-2 TYPE: U

5. Which of the following is the dominant principle governing private-sector employment relationships? a. the employment-at-will principle b. the job-as-property doctrine c. implied contract rules d. implied covenant rules ANS: A

PTS: 1

REF: p. 562

OBJ: 13-2 TYPE: K

6. Under the employment-at-will doctrine, employers may terminate employees for any of the following reasons except: a. poor performance. b. cooperating with authorities in regard to an OSHA complaint. c. adequate performance. d. the color of the employee's eyes. ANS: B

PTS: 1

REF: p. 562

OBJ: 13-2 TYPE: U

7. Which of the following is not an exception to the employment-at-will doctrine? a. implied contract b. established protection c. violation of public policy d. implied covenant ANS: B

PTS: 1

REF: pp. 562-563

OBJ: 13-2 TYPE: U

8. In 1908 the Supreme Court upheld the employment-at-will doctrine in _____. a. NLRB v. Weingarten, Inc. b. EEOC v. Waffle House, Inc. c. International Union v. Johnson Controls d. Adair v. United States ANS: D

PTS: 1

REF: p. 562

OBJ: 13-2 TYPE: K

9. Discharge for refusing to violate a professional code of conduct falls under which exception to employment-at-will? a. violation of public policy b. implied contract c. implied covenant d. it does not fall under an exception ANS: A

PTS: 1

REF: p. 563

OBJ: 13-2 TYPE: A

10. Which exception to the employment-at-will doctrine occurs when a lack of good faith and fair dealing by the employer has been suggested?

a. b. c. d.

implied contract established protection violation of public policy implied covenant

ANS: D

PTS: 1

REF: p. 563

OBJ: 13-2 TYPE: U

11. An implied employment contract: a. is valid only if in writing. b. covers approximately 90 percent of the American workforce. c. exists after an employee passes his or her probation period. d. can result from statements made in an employee handbook or HR policy manual. ANS: D

PTS: 1

REF: p. 565

OBJ: 13-2 TYPE: K

12. Which of the following does not apply to whistle-blowing? a. whistle-blowing is a protected right of employees b. employers cannot discharge employees for reporting corporate wrongdoings c. employers can discipline, but not discharge employees for reporting corporate wrongdoings d. employers may be liable for huge fines if guilty of whistle-blowing charges ANS: C

PTS: 1

REF: pp. 564-565

OBJ: 13-2 TYPE: K

13. Approximately _____ workers are discharged each year. a. A half-million b. One million c. Two million d. Five million ANS: C

PTS: 1

REF: p. 563

OBJ: 13-4 TYPE: K

14. Employers are prohibited from retaliating against employees under all of the following except: a. the Workers' Adjustment Retraining and Notification Act b. Title VII of the Civil Rights Act c. The Age Discrimination in Employment Act d. The Americans with Disabilities Act ANS: A

PTS: 1

REF: p. 568

OBJ: 13-2 TYPE: K

15. The minimum advance notice of plant closings or layoffs affecting 50 or more full-time employees required by the Workers' Adjustment Retraining and Notification Act of 1989 is: a. 60 days. b. 180 months. c. 7 days. d. 120 months. ANS: A

PTS: 1

REF: p. 568

OBJ: 13-2 TYPE: K

16. In _____ a court found that a provision in an employee handbook constituted a unilateral enforceable contract with employees. a. Adair v. United States b. NLRB v. Weingarten, Inc. c. Toussaint v. Blue Cross and Blue Shield of Michigan d. Young v. Southwestern Savings and Loan Association

ANS: C

PTS: 1

REF: p. 565

OBJ: 13-2 TYPE: K

17. Employers defend their intrusion into employee privacy by noting: a. their Constitutional right b. their legitimate business interest c. that they are required by law d. OSHA regulations ANS: B

PTS: 1

REF: p. 571

OBJ: 13-3 TYPE: U

18. Which of the following is MOST likely to create a wrongful discharge claim? a. Terminate an employee only if there is an articulated reason b. Set and follow termination rules and schedules c. Document all performance problems d. When necessary, make exceptions to the rules in unique circumstances. ANS: D

PTS: 1

REF: p. 564

OBJ: 13-2 TYPE: U

19. Which of the following protect and financially reward whistle-blowers who expose fraud related to governmental programs and wrongdoing related to consumer financial products or services. a. The Notification and Federal Employee Antidiscrimination and Retaliation Act b. The Sarbanes-Oxley Act c. The Whistleblower Protection Act d. The False Claim Act ANS: D

PTS: 1

REF: p. 564

OBJ: 13-2 TYPE: U

20. it is estimated that _____ of employees in the United States work without benefit of an employment contract a. 20 percent b. 40 percent c. 60 percent d. 80 percent ANS: D

PTS: 1

REF: p. 565

OBJ: 13-2 TYPE: K

21. Which of the following is NOT an example of how an implied contract may become binding? a. Telling employees their jobs are secure as long as they perform satisfactorily and are loyal to the organization b. Failing to create an employee handbook or conducting performance appraisals on a routine basis c. Stating in the employee handbook that e...